§

Ex Parte Wellerdieck et al

10200207 (B.P.A.I. May. 4, 2007)
Ex Parte Wellerdieck et al

14 Cited authorities

  1. In re Weiler

    790 F.2d 1576 (Fed. Cir. 1986)   Cited 47 times   1 Legal Analyses
    Concluding that reissue was not permitted where a patentee failed to establish that he had unintentionally omitted subject matter from his original claims

  2. Medrad, Inc. v. Tyco Healthcare Group LP

    466 F.3d 1047 (Fed. Cir. 2006)   Cited 14 times   1 Legal Analyses
    Holding that “any error that causes a patentee to claim more or less than he had a right to claim” is correctable through reissue

  3. In re Serenkin

    479 F.3d 1359 (Fed. Cir. 2007)   Cited 12 times   4 Legal Analyses
    Concluding that reissue was not available where a patentee's attorney made a “conscious decision” to accept a later filing date for his application

  4. Section 154 - Contents and term of patent; provisional rights

    35 U.S.C. § 154   Cited 770 times   264 Legal Analyses
    Granting twenty years for utility patents

  5. Section 120 - Benefit of earlier filing date in the United States

    35 U.S.C. § 120   Cited 599 times   109 Legal Analyses
    Granting an earlier priority date to later applications for inventions that were disclosed in a previous application

  6. Section 251 - Reissue of defective patents

    35 U.S.C. § 251   Cited 466 times   72 Legal Analyses
    Describing the reissue of defective patents

  7. Section 119 - Benefit of earlier filing date; right of priority

    35 U.S.C. § 119   Cited 269 times   70 Legal Analyses
    Governing claiming priority to an earlier-filed provisional application

  8. Section 121 - Divisional applications

    35 U.S.C. § 121   Cited 215 times   68 Legal Analyses
    Explaining that "the other invention [can be] made the subject of a divisional application"

  9. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 184 times   63 Legal Analyses
    Giving the Director authority to designate "at least 3 members of the Patent Trial and Appeal Board" to review "[e]ach appeal, derivation proceeding, post-grant review, and inter partes review"

  10. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 98 times   30 Legal Analyses

    (a) PATENT APPLICANT.-An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. (b) PATENT OWNER.-A patent owner in a reexamination may appeal from the final rejection of any claim by the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. 35 U.S.C. § 134 July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 98-622

  11. Section 365 - Right of priority; benefit of the filing date of a prior application

    35 U.S.C. § 365   Cited 8 times   7 Legal Analyses

    (a) In accordance with the conditions and requirements of subsections (a) through (d) of section 119, a national application shall be entitled to the right of priority based on a prior filed international application which designated at least one country other than the United States. (b) In accordance with the conditions and requirement of section 119(a) and the treaty and the Regulations, an international application designating the United States shall be entitled to the right of priority based

  12. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   28 Legal Analyses

    (a) (1) If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the earlier of the expiration of any maximum period set by statute or five months after the time period set for reply, if a petition for an extension of time and the fee set in § 1.17(a) are filed, unless: (i) Applicant is notified otherwise in an Office action; (ii) The reply is a reply brief submitted pursuant to § 41.41 of this title; (iii)

  13. Section 41.41 - Reply brief

    37 C.F.R. § 41.41   Cited 8 times   25 Legal Analyses

    (a)Timing. Appellant may file only a single reply brief to an examiner's answer within the later of two months from the date of either the examiner's answer, or a decision refusing to grant a petition under § 1.181 of this title to designate a new ground of rejection in an examiner's answer. (b)Content. (1) A reply brief shall not include any new or non-admitted amendment, or any new or non-admitted affidavit or other Evidence. See § 1.116 of this title for amendments, affidavits or other evidence

  14. Section 1.129 - Transitional procedures for limited examination after final rejection and restriction practice

    37 C.F.R. § 1.129   Cited 7 times   1 Legal Analyses

    (a) An applicant in an application, other than for reissue or a design patent, that has been pending for at least two years as of June 8, 1995, taking into account any reference made in such application to any earlier filed application under 35 U.S.C. 120 , 121 and 365(c) , is entitled to have a first submission entered and considered on the merits after final rejection under the following circumstances: The Office will consider such a submission, if the first submission and the fee set forth in